Trust protectors--an Australian perspective

Abstract

In Australia, Protectors of trusts are more usually called Appointors or Guardians. There has been little Australian judicial guidance or critical commentary on the incidents of those offices. This article considers the available materials and suggests that in Australia the offices have a role that is different from that of a Protector of an offshore trust. The difference is considered and an approach to drafting provisions concerning their powers and duties, rights, and liabilities is advocated.